Bill Summary
This legislation, also known as the "Used Car Safety Recall Repair Act," requires auto dealers to fix any outstanding safety recalls on used motor vehicles before selling, leasing, or loaning them to consumers. It amends section 30120 of title 49 of the United States Code, stating that a dealer cannot sell, lease, or loan a used motor vehicle with any known defects or noncompliance issues determined under section 30118, unless certain exceptions apply. These exceptions include situations where the recall information was not available at the time of sale or if the enforcement of the recall was set aside in a civil action. The Secretary of Transportation has the power to exempt auctioning of used motor vehicles to dealers from this requirement if it does not harm public safety. This legislation will take effect 18 months after its enactment.
Possible Impacts
1. If a person is considering buying a used car, this legislation could affect them by requiring the dealer to fix any outstanding safety recalls before they can sell, lease, or loan the car. This would ensure that the person is purchasing a safe and reliable vehicle.
2. The legislation may also affect people who are trying to sell their used car. If their car has any outstanding safety recalls, they would need to be fixed before they can sell it. This could potentially delay the sale of the car and affect the price.
3. This legislation may also affect auto dealers, as it requires them to take action and fix any safety recalls before selling or leasing a used car. This could increase their workload and potentially affect their profits if they have to spend more time and resources on fixing recalls.
[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[S. 1971 Introduced in Senate (IS)]
<DOC>
116th CONGRESS
1st Session
S. 1971
To require auto dealers to fix outstanding safety recalls before
selling, leasing, or loaning a used motor vehicle.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
June 25, 2019
Mr. Blumenthal (for himself and Mr. Markey) introduced the following
bill; which was read twice and referred to the Committee on Commerce,
Science, and Transportation
_______________________________________________________________________
A BILL
To require auto dealers to fix outstanding safety recalls before
selling, leasing, or loaning a used motor vehicle.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Used Car Safety Recall Repair Act''.
SEC. 2. USED MOTOR VEHICLE CONSUMER PROTECTION.
Section 30120 of title 49, United States Code, is amended by adding
at the end the following:
``(k) Limitation on the Sale, Lease, or Loan of Used Motor
Vehicles.--
``(1) Definitions.--In this subsection:
``(A) Dealer.--Notwithstanding section 30102(a)(2),
the term `dealer' means a person that has sold not less
than 10 motor vehicles to 1 or more consumers during
the most recent 12-month period.
``(B) Used motor vehicle.--The term `used motor
vehicle' means a motor vehicle that has previously been
purchased other than for resale.
``(2) Limitation.--Except as provided under paragraphs (3)
and (4), a dealer may not sell, lease, or loan a used motor
vehicle until after any defect or noncompliance determined
under section 30118 with respect to the vehicle has been
remedied.
``(3) Exception.--Paragraph (2) shall not apply if--
``(A) the recall information regarding the used
motor vehicle--
``(i) was not available at the time of sale
or lease using the means established by the
Secretary under section 31301 of the Moving
Ahead for Progress in the 21st Century Act (49
U.S.C. 30166 note; Public Law 112-141); and
``(ii) was not available on the website of
the manufacturer; or
``(B) notification of the defect or noncompliance
is required by an order issued by the Secretary under
section 30118(b)(2), but enforcement of the order is
set aside in a civil action to which section 30121(d)
applies.
``(4) Rulemaking.--The Secretary, by rule, may exempt from
paragraph (2) the auctioning of a used motor vehicle to dealers
if the exemption does not harm public safety.''.
SEC. 3. EFFECTIVE DATE.
This Act shall take effect on the date that is 18 months after the
date of enactment of this Act.
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